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17.11.2021

Digital Services Act clears another hurdle

The adoption of the Digital Services Act, which is to comprehensively modernise the cornerstones of the European Digital Single Market, is coming closer. A formal confirmation of the Council of EU states is to take place on 17.11.2021. This would take the draft into negotiations with the Parliament. We have already reported in detail on the content of the Commission's draft in the past.

The EU states had already agreed on a position on the Digital Markets Act last week. This is intended to limit the market power of large internet companies and, for example, to prevent the preferential treatment of their own products on the corresponding platforms.

The Digital Services Act, on the other hand, essentially reforms the way digital content is handled on the internet, lays down rules for the moderation of content and creates a new supervisory structure.

The Council of EU states is not making any fundamental changes to the Commission's draft. However, obligations of large online platforms are extended to host providers. In the case of content that indicates a threat to life and limb, they are now also to report to the authorities.

The ban on so-called "dark patterns" on online marketplaces is completely new. When selling goods and services, this is intended to prevent users from being unconsciously misled into making certain purchasing decisions.

Authors

Christoph Krück

Dr. Christoph Krück

Senior Associate

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Johannes Schäufele

Johannes Schäufele

Counsel

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